In Re the Probate of the Will of MacDowell
New York Court of Appeals
Appeal from so much of an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 17, 1915, as affirmed a decree of the Westchester County Surrogate’s Court declaring invalid a trust attempted to be created by the will of Annie C. MacDowell, deceased. The facts, so far as material, are stated in the opinion. If the purpose of the trust is charitable or benevolent within the statute it is valid.
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Appeal from so much of an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 17, 1915, as affirmed a decree of the Westchester County Surrogate’s Court declaring invalid a trust attempted to be created by the will of Annie C. MacDowell, deceased. The facts, so far as material, are stated in the opinion. If the purpose of the trust is charitable or benevolent within the statute it is valid. (Personal Property Law, § 12; Allen v. Stevens, 161 N. Y. 122; Sailors Snug Harbor v. Carmody, 211 N. Y. 286; Matter of Griffin, 167 N. Y. 71; Bowman v.…
1Opinion of the CourtSeabury, J.
This case presents for judicial construction a clause in the will of Annie Coe MaoDowell. The clause of the will which has given rise to conflicting contentions is that in which the testatrix attempted to found the “Mary Eandol Memorial.” This clause provides as follows:
“I give and bequeath to my Executor and Trustee, here 'in after named; all my portion of "my Father’s estate, now held in trust for me, under his last Will, and which portion I have under his last Will, the right to bequeath, and in addition, all my own money, which is now in bond and mortgages, and five savings banks,…
2Cases cited25 opinions
- Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
- Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
- Tilden v. . GreenNew York Court of Appeals · 1891
- Allen v. . StevensNew York Court of Appeals · 1899
- Williams v. . WilliamsNew York Court of Appeals · 1853
20 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
- In Re the Accounting of ClaytonNew York Court of Appeals · 1927
- Butterworth v. . KeelerNew York Court of Appeals · 1916
- In Re Proving the Will of FraschNew York Court of Appeals · 1927
- In Re the Estate of WilsonNew York Court of Appeals · 1983
94 more not listed; retrieve them via the Exa API.